FIRST SECTION
DECISION
Application no. 15473/07
by Leonid Grigoryevich YAKUSHKIN
against Russia
The European Court of Human Rights (First Section), sitting on 29 April 2008 as a Chamber composed of:
Christos Rozakis, President,
Nina Vajić,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 12 February 2007,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Leonid Grigoryevich Yakushkin, is a Russian national who was born in 1943 and lives in the town of Tambov. The Russian Government (“the Government”) were represented by Mrs V. Milinchuk, the Representative of the Russian Federation at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 18 March 2004 the Oktyabrskiy District Court of Tambov upheld the applicant’s action against the Tambov Town Council (hereafter – the Council) and awarded him a lump sum of 1,377 Russian roubles (RUB) in compensation for health damage, monthly payments of RUB 6,746.76 in compensation for health damage, monthly payments of RUB 404.81 in social benefits, plus a lump sum of RUB 82.62 and annual payments of RUB 674.67 in compensation for health damage. The judgment was not appealed against and became final. It was enforced in full in August 2004.
On 7 October 2004 the Oktyabrskiy District Court upheld another applicant’s action against the Council and awarded him monthly payments of RUB 6,997.76 in compensation for health damage, a lump sum of RUB 3,145.08 in outstanding compensation for health damage, monthly payments of RUB 419.87 in social benefits, a lump sum of RUB 203.76 in outstanding benefits and a lump sum of RUB 32.50 in outstanding compensation. The judgment became final on 18 October 2004. According to the applicant, it was enforced in full in the end of 2007.
On 22 September 2006 the Oktyabrskiy District Court upheld the applicant’s action against the Council and awarded him a lump sum of RUB 366.877.27 in compensation for health damage and unpaid social benefits, monthly payments of RUB 15,535.88 in compensation for health damage, monthly payments of RUB 1,864.05 in social benefits and annual payments of RUB 3,106.65 in compensation for health damage. The District Court also held that the awarded monthly and annual payments should be subsequently index-linked according to requirements of national law.
The judgment was not appealed against, became final and was enforced in August 2007.
COMPLAINTS
Without invoking any Convention provision, the applicant complained that the judgments of 18 March and 7 October 2004 and 22 September 2006 remain unenforced.
THE LAW
By the letter of 8 January 2008 the applicant informed the Court that he accepted a proposal for a friendly settlement and waived any further claims against Russia in respect of the facts of the present application. He provided the Court with the friendly settlement agreement signed by the parties whereby the Government had undertaken to pay the applicant RUB 102,577 in full and final resolution of the case.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to discontinue the application of Article 29 § 3 of the Convention and to strike the application out of its list of cases.
André WampachChristos Rozakis
Deputy RegistrarPresident
Full & Egal Universal Law Academy